Professional Documents
Culture Documents
Antigua and Barbuda Physical Planning Act No. 6 of 2003.
Antigua and Barbuda Physical Planning Act No. 6 of 2003.
1 ANTIGUA
AND
BARBUDA
[ L.S. ]
I Assent,
James B. Carlisle,
Governor-General.
No. 6 of 2003
1. (1) This Act may be cited as the Physical Planning Act, Short title.
2003.
"lawful use" does not include use of any land which was
commenced in contravention of the provisions of this Act
or of town and country planning, land development and
control, beach control or building legislation hitherto in
force in Antigua and Barbuda;
"sea bed" means the floor and subsoil underlying the sea
between low water mark and so far out to sea as is deemed
by international law to be within the territorial sovereignty
of Antigua and Barbuda;
(d) the use of any building or other land within the cur-
tilage of a dwelling house for purposes incidental to
the enjoyment of that dwelling house as such;
ADMINISTRATION
4. (1) The Minister is responsible for securing the objects D u t ~ e sof the
and purposes set out in section 3 and m the exercise of thc: Mi'"ster
powers conferred on him may do all things necessary for the
purpose of carrying out his or her responsibii ies under this
Act.
(4) The Authority shall remain at all times responsible for the
proper performance of its functions under this section, but sub-
ject to subsection (1) may, for the purpose of such performance,
consult with or obtain advice from other authorities, persons or
bodies of persons as it thinks fit.
Town and Coun- 6. (1) The Authority may employ at such remuneration and
try Planner, Sec- on such terms and conditions as it thinks fit (including the pay-
retary, Officers
and of ment of pensions, gratuities or other like benefits by reference
the Authority. to the service of its officers and employees) a Town and Coun-
try Planner, a Secretary and such other officers and employees
as the Authority considers necessary for the purposes of carry-
ing out the functions of the Authority:
(2) The Town and Country Planner shall be the Chief Execu-
tive Officer of the Authority and shall exercise the powers and
perform the duties specified in subsections (3), (4), ( 5 ) and (6).
( 5 ) The Town and Country Planner shall sign and issue all
development permits, refusals of development permission, en-
forcement notices and other documents authorized by the Au
thority to be issued under the provisions of this Act.
(6) The Town and Country Planner has the powers conferred
upon hun by this Act and the duties that he is required by this Act
or by the direction of the Minister or the Authority to perform.
DEVELOPMENT PLANS
Proposal for 9. (1) The Town and Country Planner may, and if so required
p en by the Authority or the Minister shall, submit to the Minister
Plan.
proposals for the preparation of a development plan.
@such
,I other matters as are required by the Minister
or are considered by the Town and Country Planner
to be necessary for a decision to be made on the
proposal.
10. (1) The Town and Country Planner may prepare or cause Scope and
to be prepared and thereafter keep under review a development
plan for Antigua and Barbuda as a whole or for any specified
~~e~~''~'~f
plans.
part of Antigua and Barbuda;
(d) provide for any of the matters set out in the Second Second Schedule.
Schedule as the Town and Country Planner consid-
ers appropriate to the nature and scope of the pro-
posed plan;
11. (1) In any case where a draft development plan is wholly Consideration of
or in part for the development of land in an area within the draft develop-
ment plan.
jurisdiction of the Barbuda Council, the Town and Country Plan-
ANTIGUA 18 The Physical Planning Act, 2003. No. 6 of 2003.
AND
BARBUDA
(2) When the Town and Country Planner has prepared a draft
development plan he shall send a copy to the Minister and to
members of the House of Representatives and shall deposit a
copy at the offices of the Development Control Authority and at
such other place or places as the Town and Country Planner
considers to be most effective for bringing it to the notice of
persons residing, working owning property in the area to which
the draft development plan proposals relates, or those who are
likely to be affected by the proposals in the draft development
plan:
(3) The Town and Country Planner shall give notice in the
Gazette of the depositing of a draft development plan, and of
the places where it may be examined, and shall give such other
publicity to and written or oral explanation of the draft develop-
ment plan as, in the Town and Country Planner's opinion, is best
calculated to inform all persons affected or likely to be affected
by the proposals in the draft development plan, and all persons
of the right to make representations with regard to the proposals
in the draft development plan.
(5) The Town and Country Planner shall publish in the Ga-
zette and, if it appears to be fit, in any other news media, notice
No. 6 of 2003. The Physical Planning Act, 2003. 19 ANTIGUA
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(8) When the Town and Country Planner submits a draft de-
velopment plan for the approval of the Minister, it shall be ac-
companied by a statement of the steps taken by the Town and
Country Planner to comply with the provisions of this section
and the particulars of the consultations held witlj other persons
with respect to the proposals in the draft de , :lopment plan.
Modification or 15. (1) The Minister may at any time require the Town and
a Country Planner to review or prepare proposals for modification
plan
or revocation of any plan, or any part thereof.
16. (1) When a development plan has been approved - Legal status of
development
plans.
(a) it shall be the principal reason for the compulsory
acquisition of land designated in that approved de-
velopment plan as a comprehensive planning area;
(2) When a plan has been prepared but is not yet approved,
paragraphs (b) and (c) of subsection (1) of this section shall
apply as if the plan bad been approved.
PAR?' IV
Applications for 19. (1) An application for a development permit shall include
development such information as may be required by the regulations, or by
permits.
directions given thereunder by the Town and Country Planner,
and be -
Requirement for 20. (1) If so required by the Town and Country Planner after
further consultations with the Chief Environment Officer by written no-
information.
tice, an applicant for development permission shall -
No. 6of 2003. The Physical Planning Act, 2003. 23 ANTIGUA
AND
BARBUDA
(3) Where an applicant does not furnish the Town and Coun-
try Planner with the further information required under subsec-
tions (1) (a) and (3) within the period prescribed in the notice or
such longer period allowed by the Town and Country Planner,
the Authority may decline to determine the application and may
return the application to the applicant with a notice to that ef-
fect, or the Authority may refuse to grant development permis-
sion, as it thinks fit.
22. (1) Where the Minister has by order designated certain Publicity for
classes of development as likely to derogate from the amenities Applications.
of the public, or of adjacent or nearby properties, and an appli-
cation is made for permission to carry out development falling
ANTIGUA 24 The Physical Planning Act, 2003. No. 6 of 2003.
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(9) This Act does not exempt any development from the re-
quirements imposed upon any such development by any other
written law or regulation.
(a) a full and clear statement of the reasons for the de-
termination;
28. (1) The Authority may, on the advice of'the Town and Development
Country Planner, and with the consent of the Minister, and the *greements.
consent of any other government agency who may be a party to
the agreement, enter into an agreement containing such terms
and conditions as it thlnks fit with the applicant for a develop-
ment permit or with any other person interested in that land for
the purpose of regulating the development of land proposed by
the application.
32. (1) The Town and Country Planner, acting on behalf of Minor variation
the Authority, may approve a minor variation to a developnlent of development
permit.
permit which in his or her opinion does not alter or affect the
terms and conditions of the development permit in any material
respect and in such event the Town and Country Planner shall
inform the Authority of the action which has been taken in that
particular case.
ANTIGUA 36 The Physical Planning Act, 2003. No. 6 of 2003.
AND
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PART V
34. (1) Where it appears to the Town and Country Planner Enforcement
that a breach of planning control has taken place, that is to Notice.
say -
36. (1) The Town and Country Planner may, in any case in Notice to apply
which he or she considers that a breach of planning control has for
permit
taken place, by written notice served on the person or persons
referred to in subsection (5) of section 35 require that an applica-
tion shall be submitted for a development permit and in such
case the Authority shall refrain from issuing an enforcement
notice if such application for a developmentpermit is submitted
ANTIGUA 42 The Physical Planning Act, 2003. No. 6 s f 2003.
AND
BARBUDA
Suspension of 37. (1) If, within 28 days of the service of the enforcement
effect of notice -
Enforcement
Notice.
(a) an application is made to the Authority for a devel-
opment permit for the retention on the laad of any
buildings or works to which the enforcement notice
relates, or for the continuance of any use of the land
to which the enforcement notice relates; or
Stop Notice. 38. (1) Where in respect of any land the Authority has served
an enforcement notice, the Authority may, at any time before the
enforcement notice takes effect serve a further notice (in this
Act referred to as a "stop notice") referring to, and having an-
nexed to it, a copy of the enforcement notice and prohibiting
any person on whom the stop notice is served from carrying out
or continuing any specified operations on the land, being op-
erations either alleged in the enforcement notice to constitute a
breach of planning control or so closely associated therewith as
to constitute substantially the same operations.
39. (1) If a person on whom the notice was served fails or b.::ion by
refuses to take the steps required by the enforcement notice to for
non-compliance:
remedy the breach of planning control within the period speci- with Enforce-
fied in the enforcement notice, the Authority may authorize the ,,t Notice,
Town and Country Planner to enter the land with such assis-
tance as may be necessary and take those steps in respect of the
unauthorized development to enforce the notice as it may see
fit.
(2) When the Authority has exercised any power under sub-
section (I), it may recover as a civil debt, from the person on
whom the notice has been served, those expenses reasonably
incurred by it in the exercise of such power, and if that person,
having been entitled to appeal under section 40, has failed to
ANTIGUA 44 The Physical Planning Act, 2003. No. 6 of 2003.
AND
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42. (1) If it appears to the Authority that it is expedient in the Notice requiring
interests of the proper planning of the country (including the discontinuance
of the use or
interests of amenity), regard being had to a development plan alteration or
and to any other material considerations - removal of
building or works
(a) that any use of land should be discontinued, or that
any conditions should be imposed on the continu-
ance of a use of land; or
or amendment of the list and of the place or places where the list
may be inspected.
44. (1) Where it appears to the Town and Country Planner Building
that it is desirable having regard to the iniportance of preserv- Preservation
ing the landscape, architectural, cultural or historical heritage of OrdeTS.
the country to make provision for the preservation of any build-
ing or group of buildings of special architectural or historic in-
terest in the country, the Town and Country Planner may for that
purpose make an interim building preservation order restricting
the demolition, alteration or extension of the building or group
of buildings.
(e) invite the owners and occupiers and any other per-
son with an interest in the building or group of build-
ings to make representations within 28 days of the
service or the affixing of the interim building preser-
vation order.
(c) state the effect of the order and when it comes into
effect; and
Purchase notice 45. (1) Where the owner of a building for which a building
with respect preservation order has been confirmed, claims that -
buildings subject
to a building
preservation (a) the building has become incapable of reasonably
order. beneficial use in its existing state; or
Plant preserva- 46. (1) Where the Minister, after consultation with the Minis-
tion order. ter responsible for the environment and the Minister responsible
for agriculture, is of the opinion that it is desirable for amenity,
environmental, landscape, scientific or similar reasons that any
plant or group or species of plants, ought to be preserved, the
Minister may make a plant preservation order with respect to
such plant, group or species of plant.
(e) inform the owner and occupier and any other per-
son with an interest in the land on which the plant or
group or species of plant, is situated of the opportu-
nities for making an appeal against the plant preser-
vation order.
47. (1) In any case in which the Town and Country Planner Amenity orders.
considers that land is -
(d) the time, not being less than 28 days from the date
of service of the order upon the owner or occupier,
for compliance with the order;
48. (1) Any person upon whom an amenity order has been Appeal against
served under the provisions of section 47 may appeal to the Amenity orders.
Tribunal constituted under Part IX against the making or terms
of such order.
(b) the person upon whom the notice has been served
has no control over and no authority to remove,
destroy or demolish any matter or building referred
to in the order;
(5) The Minister may at any time alter or amend the terms on
which members of the public have access to any land under the
provisions of this section, except that where such access has
been authorized with the agreement of the owner or tenant, al-
teration of such terms shall only be authorized with the agree-
ment of the owner or tenant.
~ubl~ Access
c 50. (1) There shall be at least one public landward access to
and right of way every beach in Antigua and Barbcda.
to beaches.
(4) Regulations made under this section may direct that any
Act, regulations or bylaws, affecting the display of advertise-
ments in force on the day when the regulations made under this
section come into operation, shall not apply to the display of
advertisements in any area to which the regulations made under
this section apply.
No. 6 of 2003. The Physical Planning Act, 2003. 57 ANTIGUA
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Environmental 53. (1) The Town and Country Planner may and if SO directed
p rotection area. by the Minister shall cause a survey to be made of the whole or
any part of the country, either independently of or as part of a
development plan made under Part I11 of this Act, with a view to
determining whether any area of the country ought to be de-
clared an environmental protection area.
Environmental 54. (1) The Minister shall consider the report of the Town
p rotection area and Country Planner and shall in determining whether to declare
order.
any area to be an environmental protection area have regard to
the matters set out in subsection (3) of section 53.
55. In any case in which private land is included in an area Provisions with
which has been declared to be an environmental protection area, respect to land in
environmental
and in which the Minister does not acquire the land under the protection areas,
Land Acquisition Act, any person holding any interest in such
land shall be entitled to receive compensation from the Crown
for the depreciation if any, of the value of his or her interest in
the land consequential upon any restriction imposed on his or
her use or interest in the land by reason of such declaration,
such compensation to be determined in the same manner as
compensation payable under section 64, provided that, if agree-
ment cannot be reached between the Minister and the party
concerned as to whether or not any compensation is payable, or
as to the amount thereof, the matter shall be determined under
the provisions of the Land Acquisition Act.
56. (1) The Town and Country Planner may prepare or cause Environmental
to be prepared an environmental protection area management protect'on area
management
plan with respect to any area declared to be an environmental
protection area under section 54.
Ministerial Order 57. (1) Where the Minister is satisfied on information re-
to protect the ceived from the Town and Country Planner, that it is in the pub-
environment.
lic interest for the purpose of preventing or mitigating a speci-
fied environmental threat or hazard so to do, the Minister may
by order published in the Gazette, direct the Town and Country
Planner to take such steps as are necessary to remove, mitigate
or prevent any condition that poses or is likely to pose a threat
to the environment and the Town and Country Planner shall act
in accordance with such order.
58. (1) The Minister may make regulations hereinafter re- Building
fened to as 'building regulations" with respect to the design regulations.
and construction of buildings and the provision of services,
fittings and equipment in or in connection with buildings and
particularly with respect to the following matters-
(ix) drainage;
(x) sanitation;
61. (1) If any work to which building regulations apply, con- Power to require
travenes any provision of this Part or of the regulations, the
Authority, without prejudice to any prosecution under this Part, zZon
oval or
O'
(3) Nothing in this section shall affect the right of the Au-
thority or of the Attorney General or any other person to apply
for an injunctionfor the removal or alteration of any work on the
grounds that it contravenes the building regulations or any pro-
vision of this Part.
62. (1) A person aggrieved by the giving of a notice under Appeal against
section 61 may appeal to the High Court. Notices.
Commencement 63. (1) When a development permit has been issued, no build-
and completion ing or engineering operations shall be carried out until the de-
notices.
veloper has given notice in writing to the Town and Country
Planner of the intention to commence construction.
(2) Where the Town and Country Planner has been notified
in writing by the developer that permitted building or engineer-
ing operations have been completed, the Town and Country
Planner shall certify if the works have been constructed in ac-
cordance with the development permit and building regulations.
PART WI
Claim for 64. (1) If on a claim for compensation made to the Minister in
the manner prescribed it is shown that -
65. Where any compensation is payable under this Part in Position where
respect of the depreciation of the value of an interest in land land is subject to
mortgage.
which is subject to a mortgage -
66. (1) Where a claim for compensation is made under sec- Registration of
tion 64nbtice of that fact shall - claim for
compensation.
Purchase notice 67. (1) Where any person having an interest in land for
with respect to WlliCh-
adverse
decisions.
(a) a development permit has been refused and there is
available with respect to that land no development
permit to which this Act applies;
PART IX
APPEALS
(3) A member of the Tribunal shall hold office for a period not
exceeding two years but shall be eligible for reappointment upon
the expiry of any such period.
(5) The Town and Country Planner shall appoint from the
staff of the Authority a secretary to the Tribunal.
Right of Appeal. 69. (1) Any applicant, or person other than an applicant,
whose interest in land may be affected by a decision of the
Authority set out in subsection (2) if dissatisfied with such a
decision of the Authority may appeal to the Tribunal against
that decision in the manner prescribed hereunder.
(6) Where notice given under subsection (3) the Town and
Country Planner shall forward to the Tribunal -
70. (1) Whenever the Tribunal has directed that an appeal to Appeals by
which section 69 relates shall be dealt with by written represen- written
tations the secretary to the Tribunal shall send a copy of the representations.
direction to the appellant and to the Authority and each of them
shall within six weeks thereafter send to the Tribunal and to the
other of them such written representations as they wish to make
in relation to the appeal (hereinafter referred to as "written repre-
sentations").
poses of this Act set out in section 3, the need to secure consis-
tency in the execution of policy, any approved plan relevant to
the issues and any other relevant considerations.
72. A record shall be kept of all public inquiries held by the Records of public
Tribunal. inquiries.
Decision and 73. (1) The Tribunal in deciding whether to allow or dismiss
notification of the appeal may -
appeal.
PART X
74. (1) Subject to subsection (2), the Authority, any member Powers of Entry.
of the Authority, the Town and Country Planner, or any person
authorized by the Authority in writing, may during working hours
enter on any land or in any building -
(2) Any person who enters on any land or building under the
provisions of this section, without the consent of the owner or
occupier thereof, shall give such owner or occupier not less
than twenty-four hours written notice of his or her intention so
ANTIGUA 82 The Physical Planning Act, 2003. No. 6 of 2003.
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(3) Before exercising any powers under this section, the Town
and Country Planner or any other person concerned shall pro-
vide evidence of identity and authorisation to the occupier or
other person who is or appears to be in control of the land or
building concerned.
76. (1) For the purpose of enabling the Minister, the Author- Power to require
ity or the Town and Country Planner to make an order or serve a information.
notice or other document under information the provisions of
this Act, the Town and Country Planner may require the owner
or the occupier of any premises, and any person who either
directly or indirectly, receives rent in respect of any land or
premises, to state in writing the nature of his or her interest
therein, and the name and address of any other person known to
him or her to have an interest therein, whether as a freeholder,
mortgagee, lessee or otherwise.
ANTIGUA 84 The Physical Planning Act, 2003. No. 6 of 2003.
AND
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Register of 77. (1) The Town and Country Planner shall maintain a regis-
planning n d ter of all -
associated
decisions.
(a) applications for development permits;
78. (1) The Town and Country Planner shall notify the Regis- Notification of
trar of and, giving full details with respect to the pa;cels of land
Registrar of
affected, of every - Land.
enforcement notice;
discontinuance notice;
amenity order;
development agreement;
purchase notice.
ANTIGUA 86 The Physical Planning Act, 2003. No. 6 of 2003.
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(2) The Registrar of Land shall duly record the matters re-
ferred to in subsection (1) on the Register of Titles.
Death of person 79. Any reference in this Act to any person having a claim
having clam Or for or a right to the payment of compensation, or to appeal
right.
against any decision given under this Act, upon the death of
that person before the determination of the matter at issue, shall
be construed as if such reference were a reference to that person's
personal representatives.
81. (1) The Minister may make regulations for carrying into Regulations.
effect the provisions of this Act.
(4) Regulations made under this section may provide, for the
breach thereof, for penalties not exceeding five thousand dollars
or imprisonment not exceeding one year.
Procedures of the 3. (1) The Authority shall meet at least once in every month
Authority. and at such other times as may be necessary for the transaction
of business, at such places and times and on such days as the
Authority may determine.
(4) The members of the Authority may elect one of their num-
ber to act as Chairman during the temporary absence of the
Chairman due to illness, inability to attend, absence from Antigua
and Barbuda or any other reasonable cause.
Validation of acts 5. The validity of anything done under this Act shall not be
done. affected solely by reason of -
Funds and 6. (1) The funds and resources of the Authority shall consist
Resources of the Of-
Authority.
7. (1) The Authority shall prepare annual estimates of its Finance of the
projected revenues and expenditure to be submitted to the Min-
ister who, if he approves the estimates, shall submit them to the
Minister of Finance not later than a date specified by the Minis-
ter of Finance.
(5) The Authority shall not later than six months after the end
of each calendar year submit to the Minister an annual report
containing -
Custody and 8. (1) The seal of the Authority shall be kept in the custody of
authentication of the Corporate Secretary and shall be authenticated by the signa-
Seal of the
Authority.
tures of the Chairperson or the Town and Country Planner, and
the Secretary, or in such other manner as may be authorized by
resolution of the Authority.
SECOND SCHEDULE
Section 10
PART I
ROADS
1. Reservation of land for roads and establishment of public rights of way
including public rights of way to beaches.
2. Closing or diversion of existing roads and public and private rights of way.
4. The line, width, level, construction, access to and egress from and the gen-
eral dimensions and character of roads, whether new or existing.
No. 6 of 2003. The Physical Planning Act, 2003. 95 ANTIGUA
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PART II
(d) the purposes for and the manner in which buildings may be used or
occupied including in the case of dwelling houses, the letting thereof
in separate tenements;
2. Regulating and controlling the design, colour and materials of buildings and
fences.
3. Allocating any particular land, or all land in any particular area, for buildings
of a specified class or classes or prohibiting or restricting either permanently or
temporarily, the making of any building or any particular class or classes of build-
ings on any specified land.
PART IV
3. Allocation of lands-
PART v
PUBLIC SERVICES
PART VI
2. Allocating sites for use in relation to transport and the reservation of land for
that purpose.
PART W
1. Providing for and regulating the making of agreements for the purpose of a
development plan by the Minister with owners and other persons, and by such
persons with one another.
2. Sub-division of land and in particular, but without restricting the generaliry i-.f
the foregoing -
(a) regulating the type of development to be carried out and the size and
form of plots;
(b) requiring the allocation of land for any of the public services referred
to in Part V or for any other purposes referred to in this Schedule for
which land may be allocated;
(c) prescribing the character and type of public services or other works
which shall be undertaken and completed by any applicant for permis-
sion to sub-divide as a condition of the grant of such permission;
ANTIGUA 98 The Physical Planning Act, 2003. No. 6 of 2003.
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(a) adjusting and altering the boundaries and areas of any towns;
THIRD SCHEDULE
Section 23
3. A crude oil or refinery facility or a petroleum and natural gas storage and
pipeline installation;
Passed the House of Representatives Passed the Senate this 20th day of
this 13th day of March, 2005. March, 2003.
B. Harris, M. Percival,
Speaker. President.
S. Walker, S. Walker,
Clerk to the House of Representatives. Clerk to the Senate.